50 CFR § 12.1 - 12.82 - Taking, Possession, transportation, Sale, Purchase, Barter, Exportation, and Importation of Wildlife and Plants - Seizure and Forfeiture Procedures

54 50 CFR Ch. I (10–1–23 Edition) Pt. 12 Fish and Wildlife Service. Each annual adjustment will be reflected in the table in § 11.33. PART 12—SEIZURE AND FORFEITURE PROCEDURES Subpart A—General Provisions Sec. 12.1 What is the purpose of the regulations in this part? 12.2 What is the scope of the regulations in this part? 12.3 What definitions do I need to know? 12.4 When and how must documents be filed or issued? 12.5 How does the Service handle seizures made by other agencies? 12.6 How does the Service release seized property under a bond? Subpart B—Notification Requirements 12.11 How is personal notification of seizure and proposed forfeiture provided? 12.12 How is public notification of seizure and proposed forfeiture provided? 12.13 How is a declaration of forfeiture issued? 12.14 What happens if the required notifica tion of seizure and proposed forfeiture is not provided? Subpart C—Forfeiture Proceedings 12.31 What are the basic types of forfeiture proceedings? 12.32 When may the Service or the Solicitor obtain administrative forfeiture of my property? 12.33 How do I file a petition for remission of forfeiture requesting the release of my property? 12.34 What are the standards for remission of forfeiture? 12.35 How will the Solicitor notify me of the decision on my petition for remission? 12.36 How do I file a claim to get back my seized property? 12.37 Can I get my property back while the claim is pending? 12.38 What happens if my property is sub ject to civil judicial actions to obtain forfeiture? Subpart D—Abandonment Procedures 12.51 May I simply abandon my interest in the property? 12.52 Can I file a petition for remission for my abandoned property? Subpart E—Disposal of Forfeited or Abandoned Property 12.61 What is the purpose of this subpart? 12.62 How does the Service keep track of forfeited or abandoned property? 12.63 When may the Service return live fish, wildlife, or plants to the wild? 12.64 How does forfeiture or abandonment affect the status of the property? 12.65 How does the Service dispose of for feited or abandoned property? 12.66 How does the Service dispose of seized injurious fish or wildlife? 12.67 When may the Service donate forfeited or abandoned property? 12.68 When may the Service loan forfeited or abandoned property? 12.69 When may the Service sell forfeited or abandoned property? 12.70 When may the Service destroy for feited or abandoned property? Subpart F—Recovery of Storage Costs and Return of Property 12.81 When can the Service assess fees for costs incurred by the transfer, boarding, handling, or storage of property seized or forfeited? 12.82 How will my property be returned if my petition or claim is successful? AUTHORITY: 16 U.S.C. 470aa et seq., 470aaa et seq., 668 et seq., 668dd et seq., 703 et seq., 718a et seq., 742j–l, 1361 et seq., 1531 et seq., 2401 et seq., 3371 et seq., 4201 et seq., and 5301 et seq.; 18 U.S.C. 42 and 981 et seq.; 19 U.S.C. 1602–1624; 28 U.S.C. 2465; 42 U.S.C. 1996; and E.O. 13751, 81 FR 88609, amending E.O. 13112, 64 FR 6183. SOURCE: 88 FR 47818, July 25, 2023, unless otherwise noted. Subpart A—General Provisions § 12.1 What is the purpose of the regu lations in this part? These regulations provide procedures that govern the seizure and adminis trative forfeiture or abandonment of property, as well as the disposal of such property, and the recovery of costs associated with handling and storage of seized property under var ious laws enforced by the Service. § 12.2 What is the scope of the regula tions in this part? (a) The regulations in this part apply to all property seized or subject to ad ministrative forfeiture under any of the following laws: (1) The Bald and Golden Eagle Pro tection Act, 16 U.S.C. 668 et seq.; (2) The Airborne Hunting Act, 16 U.S.C. 742j–1; VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00064 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 55 U.S. Fish and Wildlife Serv., Interior § 12.3 (3) The Endangered Species Act, 16 U.S.C. 1531 et seq.; (4) The Lacey Act, 18 U.S.C. 42; (5) The Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.; (6) The Rhinoceros and Tiger Con servation Act, 16 U.S.C. 5301 et seq.; (7) The Antarctic Conservation Act, 16 U.S.C. 2401 et seq.; (8) The Paleontological Resources Protection Act, 16 U.S.C. 470aaa et seq.; and (9) The African Elephant Conserva tion Act, 16 U.S.C. 4201 et seq. (b) These regulations apply to the disposal of any property forfeited or abandoned to the United States under any of the following laws: (1) Any of the laws identified in para graph (a) of this section; (2) The National Wildlife Refuge Sys tem Administration Act, 16 U.S.C. 668dd et seq.; (3) The Migratory Bird Treaty Act, 16 U.S.C. 703 et seq. (MBTA); (4) The Migratory Bird Hunting and Conservation Stamp Act, 16 U.S.C. 718 et seq.; (5) The Marine Mammal Protection Act of 1972, 16 U.S.C. 1361 et seq.; (6) The Archeological Resources Pro tection Act, 16 U.S.C. 470aa et seq.; and (7) The Native American Graves Pro tection and Repatriation Act, 25 U.S.C. 3001 et seq. (c) This part applies to all forfeitures administered by the Service with the exception of seizures and forfeitures under the statutes listed under 18 U.S.C. 983(i). The authority under this part to conduct administrative forfeit ures derives from the procedural provi sions of the Customs and Border Pro tection laws (19 U.S.C. 1602–1618) where those provisions are incorporated by reference in the substantive forfeiture statutes enforced by the Service. § 12.3 What definitions do I need to know? In addition to the definitions con tained in parts 10, 14, 17, and 23 of this chapter, as well as other applicable Federal laws and regulations, in this part: Abandon means to relinquish to the United States all legal right you have to own, claim, or possess property and to forever give up any right, title, and interest in the property and waive any further rights or proceedings relative to the property other than whatever rights to seek relief expressly were re served in the abandonment document you signed. Administrative forfeiture means the process by which property may be for feited by a seizing agency rather than through a judicial proceeding. Admin istrative forfeiture has the same mean ing as nonjudicial forfeiture, as that term is used in 18 U.S.C. 983. Authorized officer means a person or entity who is acting as an agent, trust ee, partner, corporate officer, director, supervisory employee, or any other representative designated to act on be half of an individual, corporation, part nership, or any other entity asserting that they are an interested party. Claim means a written declaration re garding property for which the Service has proposed forfeiture and that meets the statutory requirements of 18 U.S.C. 983(a)(2), including: (1) Timely submission; (2) Containing required information regarding identification of the specific property being claimed; (3) Stating the claimant’s interest in the property; (4) Requesting the initiation of judi cial forfeiture proceedings; and (5) Made under oath subject to pen alty of perjury. Contraband means any fish, wildlife, or plant that either: (1) Is inherently illegal to import, ex port, or possess; or (2) Has been taken, possessed, bred, imported, exported, acquired, trans ported, purchased, sold, or offered for sale or purchase contrary to law. Declaration of forfeiture means a writ ten declaration by the Service or the Solicitor describing the property for feited and stating the date, time, place, and reason for forfeiture. The declara tion will also describe the date and manner in which notice of seizure and proposed forfeiture was sent to the property owner. If notice was never successfully delivered, the declaration will describe efforts made to deliver any notice of seizure and proposed for feiture. Detention means the holding for fur ther investigation of fish, wildlife, or VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00065 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 56 50 CFR Ch. I (10–1–23 Edition) § 12.4 plants and any associated property that is neither immediately released nor seized but is temporarily held by Service officers under 50 CFR part 14. Directed reexport means the prompt export at the expense of the importer or consignee of imported shipments that have been refused entry by the Service into the United States. Director means the Director of the U.S. Fish and Wildlife Service, Depart ment of the Interior, or an authorized representative (as defined in 50 CFR 10.12). Interested party or parties means any person(s) who appears to be a person having an interest in property based on the facts known to the seizing agency before a declaration of forfeiture is en tered. Other property that is illegal to possess means any fish, wildlife, or plant that may not be legally possessed or held due to extrinsic circumstances. Petition for remission is a request in an administrative forfeiture proceeding for the Solicitor to exercise equitable discretion on behalf of the Department and to release the property seized. Re mission of forfeiture is discretionary. Property subject to administrative for feiture means any property of the kinds described in 19 U.S.C. 1607(a) to the ex tent not inconsistent with the provi sions of the incorporating wildlife laws (identified in § 12.2) pursuant to which forfeiture is sought. Property subject to forfeiture means all property that Federal law authorizes to be forfeited to the United States in any administrative forfeiture pro ceeding, or in any civil judicial for feiture, or in any criminal forfeiture proceeding. Solicitor means the Solicitor of the U.S. Department of the Interior or an authorized representative or designee. Value means the value of property as determined by the Service. For prop erty having a legal market in the United States, the Service will use the reasonable declared value or the esti mated market value at the time and place of seizure, if such or similar prop erty was freely offered for sale between a willing seller and a willing buyer. For property that may not be sold in the United States, the Service will use other reasonable means, including, but not limited to, the Service’s knowledge of sale prices in illegal markets or the replacement cost. We means the U.S. Fish and Wildlife Service. § 12.4 When and how must documents be filed or issued? (a) Whenever this part requires or al lows you to file a document on or be fore a certain date, you are responsible for submitting that document so as to reach the Government office des ignated for receipt by the time speci fied. You may use the U.S. Postal Serv ice (USPS), a commercial carrier, or electronic or facsimile transmission. We will consider the document filed on the date on which the document is re ceived by the Government office des ignated for receipt. Acceptable evi dence to establish the time of receipt by the Government office includes any official USPS receipt, commercial car rier signature log, time/date stamp placed by the Government on the docu ment, other documentary evidence of receipt maintained by that Govern ment office, or oral testimony or state ments of Government personnel. (b) Whenever this part requires or al lows the Government to issue or file a document on or before a certain date, the document will be considered to be issued or filed on the date on which the document was placed in the USPS sys tem, delivered to a commercial carrier, or sent by electronic or facsimile transmission. Acceptable evidence to establish the time of filing or issuance by the Government includes any offi cial USPS sender’s receipt, commercial carrier receipt log, and time/date stamp placed by the government office on the document, other documentary evidence of receipt maintained by that office, or oral testimony or statements of Government personnel. § 12.5 How does the Service handle sei zures made by other agencies? (a) If an authorized employee or offi cer of another Federal or State or local law enforcement agency seized your fish, wildlife, or plant or other prop erty under any of the laws listed in § 12.2, the Service may request the de livery of the seized property to the ap propriate Special Agent in Charge VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00066 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 57 U.S. Fish and Wildlife Serv., Interior § 12.11 (SAC), Office of Law Enforcement, or to an authorized designee. The address es for SACs are listed in § 2.2 of this subchapter, and telephone numbers are listed in § 10.22 of this subchapter. The SAC or authorized designee will hold the seized fish, wildlife, or plants or other property subject to forfeiture and arrange for its proper handling and care. Forfeiture proceedings must be initiated by notice to the interested parties within 90 days of the date of seizure by the Federal, State, or local law enforcement agency. (b) If you use any U.S. Customs and Border Protection (CBP) form (forms may be amended or superseded) to vol untarily abandon any fish, wildlife, or plants or other property subject to for feiture in lieu of Service Form 3–2096, Fish and Wildlife Abandonment Form, the Service may request that CBP transfer the property to the Service for final disposition. § 12.6 How does the Service release seized property under a bond? (a) When an administrative forfeiture is pending, the Service may at its dis cretion accept an appearance bond or other security from you in place of any property authorized for seizure by civil forfeiture under any Act listed in § 12.2. If you file a judicial claim, then early release of property must be handled under the provisions of 18 U.S.C. 983(f). (b) You may post an appearance bond or other security in place of seized property only if the Service, at its dis cretion, authorizes the acceptance of the bond or security and the following conditions are met: (1) You must complete Service Form 3–2095, Cash Bond for Release of Seized Property; (2) The Service may release your seized property only to you (the owner) or your designated representative; and (3) Your possession of the property may not violate or undermine the pur pose or policy of any applicable law or regulation. Subpart B—Notification Requirements § 12.11 How is personal notification of seizure and proposed forfeiture provided? An administrative forfeiture pro ceeding begins when notice is first pub lished in accordance with § 12.12, or the first personal written notice is sent in accordance with the regulations in this section, whichever occurs first. (a) Manner of providing notice. After seizing property subject to administra tive forfeiture, the Service or the So licitor, in addition to publishing notice of the seizure, will send personal writ ten notice of the seizure to each inter ested party in a manner reasonably calculated to reach such parties. The notice of seizure and proposed for feiture will not be sent to any person who signed an abandonment form. The notice of seizure and proposed for feiture will be sent by U.S. registered or certified mail, express mail, or com mercial carrier, all with proof of deliv ery and return receipt requested. The notice will be sent to an address that has been provided on shipping or other documents accompanying the property or on your permit or license applica tion, unless the Service or the Solicitor has actual notice of a different address. (b) Content of personal written notice. The personal written notice sent by the Service or the Solicitor will contain the following information: (1) A description of the seized prop erty; (2) The name, title, and business ad dress to whom any petition for remis sion or claim for judicial proceedings must be filed, as well as a seizure tag number; (3) The date and place of seizure, and the estimated value of the property as determined under § 12.3; (4) A reference to provisions of law or regulations under which the property is subject to forfeiture; (5) A statement that the Service or the Solicitor intends to proceed with administrative forfeiture proceedings; (6) The date when the personal writ ten notice is sent; (7) The deadline for filing claims for judicial forfeiture proceedings, which is 35 days after the personal written VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00067 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 58 50 CFR Ch. I (10–1–23 Edition) § 12.12 notice is sent, as well as the deadline for filing petitions for remission; and (8) A statement that any interested party may file a claim or petition for remission by the deadline. (c) Date of personal notice. Personal written notice is sent on the date when the Service or the Solicitor places the notice in the mail, delivers it to a com mercial carrier, or otherwise sends it by means reasonably calculated to reach the interested party. (d) Timing of notification. The Service or the Solicitor will notify you in writ ing of any seizure of your property as soon as practicable and not more than 60 days after the date of seizure. If property is detained at an inter national border or port of entry for the purpose of examination, testing, in spection, obtaining documentation, or other investigation relating to the im portation or the exportation of the property, the 60-day period will begin to run when the period of detention ends, if the Service seizes the property for the purpose of forfeiture to the United States. (e) Exceptions to the 60-day notification requirement. The exceptions in 18 U.S.C. 983(a)(1), including but not limited to the exceptions listed in this paragraph (e), apply to the notice requirement under paragraph (d) of this section. (1) If the identity or interest of an in terested party is determined after the seizure of the property but before en tering a declaration of forfeiture, the Service or the Solicitor will send writ ten notice to such interested party under paragraph (a) of this section not more than 60 days after the date that the identity of the interested party or the interested party’s interest is deter mined. (2) For the purposes of this section, we do not consider property that has been refused entry, held for identifica tion, held for an investigation as evi dence, or detained for less than 30 days under part 14 of this chapter, to be seized. (3) If, before the time period for send ing notice expires, the Government files a civil judicial forfeiture action against the seized property and pro vides notice of such action as required by law, personal notice of administra tive forfeiture is not required under paragraph (a) of this section. (4) If, before the time period for send ing notice expires, the Government does not file a civil judicial forfeiture action, but does obtain a criminal in dictment containing an allegation that the property is subject to forfeiture, the Government will either: (i) Send notice within the 60 days specified under paragraph (a) of this section and continue the administra tive civil forfeiture proceeding; or (ii) Terminate the administrative civil forfeiture proceeding and take the steps necessary to preserve its right to maintain custody of the property as provided in the applicable criminal for feiture statute. (f) Extensions to the 60-day notification requirement. The Director may extend the 60-day deadline for sending per sonal written notice under these regu lations in a particular case one time, for a period not to exceed 30 days, un less further extended by a court, only if the Director determines that the no tice may have an adverse result includ ing endangering the life or physical safety of an individual, flight from prosecution, destruction of or tam pering with evidence, intimidation of potential witnesses, or otherwise seri ously jeopardizing an investigation or unduly delaying a trial. § 12.12 How is public notification of seizure and proposed forfeiture provided? (a) After seizing property subject to administrative forfeiture, the Service will select from the following options a means of publication reasonably cal culated to notify potential claimants of the seizure and the Service’s intent to forfeit and sell or otherwise dispose of the property: (1) Publication once each week for at least 3 successive weeks in a newspaper generally circulated in the judicial dis trict where the property was seized; or (2) Posting a notice on the official government internet site at http:// www.fws.gov/fwsforfeiture/ for at least 30 consecutive days. (b) The published notice will: (1) Describe the seized property; (2) State the date, statutory basis, and place of seizure; VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00068 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 59 U.S. Fish and Wildlife Serv., Interior § 12.33 (3) State the deadline for filing a claim when personal written notice has not been received, which must be at least 30 days after the date of final pub lication of the notice of seizure; and (4) State the name, title, and busi ness address to whom any petition for remission or claim for judicial pro ceedings must be filed. § 12.13 How is a declaration of for feiture issued? (a) If the seizing agency commences a timely proceeding against property subject to administrative forfeiture, and either no valid and timely claim is filed or the seized property is not re leased in response to a petition or sup plemental petition for remission, the Service or the Solicitor will declare the property forfeited to the United States for disposition according to law. The declaration of forfeiture will have the same force and effect as a final de cree and order of forfeiture in a Federal judicial forfeiture proceeding. (b) The declaration of forfeiture will describe the property and state the date, time, place, and reason for the seizure of the property. The declara tion of forfeiture will refer to the no tice of seizure and proposed forfeiture and describe the dates and manner in which the notice of seizure and pro posed forfeiture was sent to you. If we have no proof of delivery to you of the notice of seizure and proposed for feiture, the declaration of forfeiture will describe the efforts made to de liver the notice of seizure and proposed forfeiture to you. § 12.14 What happens if the required notification of seizure and proposed forfeiture is not provided? Under 18 U.S.C. 983(a)(1)(F), if the Service or the Solicitor does not send notice of a seizure of property in ac cordance with that section to the per son from whom the property was seized, and no extension of time was granted, the Government is required to return the property to that person, un less the property is contraband or other property that is illegal to pos sess. Any return of property under this section does not prejudice the right of the Government to commence a for feiture proceeding at a later time. Subpart C—Forfeiture Proceedings § 12.31 What are the basic types of for feiture proceedings? (a) Property seized for violations of the laws identified in § 12.2 and subject to forfeiture may be forfeited, depend ing upon the nature of the property and the law involved, through criminal for feiture proceedings, civil judicial pro cedures, or civil administrative proce dures. (b) The process used also may be de termined in certain circumstances by the actions of an interested party. For example, a person claiming property seized in an administrative civil for feiture proceeding under a civil for feiture statute may choose to file a claim after the seizure rather than to pursue administrative relief through a petition for remission of forfeiture. (c) A claim that is timely and con tains the information required by § 12.36 will terminate the administra tive proceeding and will cause the Service, through the Solicitor, to refer the claim to the U.S. Department of Justice with the request that a judicial forfeiture action be instituted in Fed eral court. § 12.32 When may the Service or the Solicitor obtain administrative for feiture of my property? If your fish, wildlife, plant or other property is subject to forfeiture under any Act listed in § 12.2, and it is also property subject to administrative for feiture, the Service or the Solicitor may initiate an administrative for feiture proceeding of the property under the forfeiture procedures de scribed in this subpart. § 12.33 How do I file a petition for re mission of forfeiture requesting the release of my property? (a) If you are an interested party, you may file a petition for remission of forfeiture with the Service to return seized property that is subject to ad ministrative forfeiture. Upon receiving the petition, the Service will refer the petition to the Solicitor to decide whether to grant relief. (b) You must file your petition for re mission within 35 days from the date of the delivery of the notice of seizure and VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00069 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 60 50 CFR Ch. I (10–1–23 Edition) § 12.34 proposed forfeiture, if you or any inter ested party receives the notice of sei zure and proposed forfeiture. If you do not receive the notice of seizure and proposed forfeiture, we must receive the petition for remission that you file not later than 30 days from the date of last posting of the public notice of the seizure of the property. (c) Petitions for remission of for feiture must be concise and logically presented to facilitate review by the Solicitor. The Solicitor may dismiss a petition for remission that fails to sub stantially comply with any of the in formation required by this paragraph (c). The petition for remission of for feiture must contain the following: (1) The name and address of the per son claiming the interest in the seized property who is seeking remission. (2) The name of the seizing agency, the asset identifier number, and the date and place of seizure. (3) A complete description of the property. (4) A description of the petitioner’s interest in the property as owner, lienholder, or otherwise, supported by original or certified bills of sale, con tracts, deeds, mortgages, or other doc umentary evidence. (5) A statement containing all of the facts and circumstances you use to jus tify the remission of the forfeiture. If you rely on an exemption or an excep tion to a prohibition under any Act listed in § 12.2, you must demonstrate how that exemption or exception ap plies to your particular situation. (6) A statement containing all of the facts and circumstances you contend support any innocent owner’s defense allowed by 18 U.S.C 983(d) that you are asserting. No person may assert an in nocent owner’s interest in property that is contraband or other property that is illegal to possess. A petitioner has the burden of proving by a prepon derance of the evidence that the peti tioner is an ‘‘innocent owner’’ as de fined in 18 U.S.C 983(d). (7) A statement that the information furnished is, to the best of your knowl edge and belief, complete, true, and correct and that you recognize false statements may subject you to crimi nal penalties under 18 U.S.C 1001. (d) In addition to the contents of the petition for remission described in paragraph (c) of this section, upon re quest, the petitioner must also furnish the agency with instruments executed by each known party with an interest in the property releasing that interest. (e) A petition for remission of prop erty subject to administrative for feiture must be addressed to the appro priate office identified in the notice of forfeiture. (f) Your petition for remission must be signed by you or your lawyer. If a lawyer files on behalf of the petitioner, the petition must include a signed and sworn statement by the client-peti tioner stating that: (1) The lawyer has the authority to represent you in the proceeding; (2) You have fully reviewed the peti tion; and (3) The petition is truthful and accu rate in every respect to the best of your knowledge and belief. (g) If the petitioner is a corporation, the petition must be signed by an au thorized officer, supervisory employee of the corporation, or a lawyer rep resenting the corporation, and the cor porate seal must be properly affixed to the signature. (h) If you file a claim to the property, as described in § 12.36, the administra tive proceeding will be terminated and the Solicitor will no longer have the opportunity or authority to review or rule on the petition for remission of the property. § 12.34 What are the standards for re mission of forfeiture? (a) A petition for remission must in clude evidence that either: (1) The petitioner is an interested party or owner as defined in this part; or (2) The knowledge and responsibil ities of the petitioner’s representative, agent, or employee are ascribed to the petitioner where the representative, agent, or employee was acting in the course of his or her employment and in furtherance of the petitioner’s busi ness. (b) The petitioner has the burden of establishing the basis for granting a petition for remission of property and VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00070 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 61 U.S. Fish and Wildlife Serv., Interior § 12.34 for granting a reconsideration of a de nial of such a petition. Failure to pro vide information or documents or to submit to interviews, when requested by the Solicitor, may result in a denial of the petition. (c) The Solicitor will consider rel evant information that you submit, as well as other information available to the Solicitor relating to the matter. The Solicitor will review the basis for the seizure, and in the absence of evi dence to the contrary, will presume a valid seizure. (d) Willful, materially false state ments or information, made or fur nished by the petitioner in support of a petition for remission or the reconsid eration of a denial of any such petition, will be grounds for denial of the peti tion and possible prosecution for filing of false statements. (e) The Solicitor will consider the following principles, if applicable, when making a decision on a petition for remission: (1) Remission is an equitable remedy and is discretionary with the Solicitor. (2) The Solicitor may grant remission of property if the Solicitor determines that mitigating circumstances justify the remission and then only under such terms and conditions as are reasonable and just. (i) Mitigating factors that may be considered for the sole and limited pur pose of remission of forfeiture include, but are not limited to, whether: (A) The facts demonstrate your hon est and good-faith intent and effort to comply with the law; (B) You did not have the ability to prevent the violation; (C) No evidence exists that you have engaged in past conduct similar to the violation; (D) You have taken meaningful steps, including enforcement mechanisms (e.g., contractual or monetary), to pre vent any violations; and (E) The return of the property com bined with imposition of monetary and/ or other conditions of mitigation in lieu of a complete forfeiture will pro mote the interest of justice. (ii) These factors are not intended to be all inclusive and do not constitute authority in and of themselves. (3) The Solicitor will make all remis sion decisions with due consideration for the cumulative conservation im pacts of the remission including, but not limited to, whether: (i) The species is listed in Appendix I, II, or III under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (See § 23.91 of this chapter); (ii) The species is listed in part 17 of this chapter as ‘‘threatened’’ or ‘‘en dangered’’ under the Endangered Spe cies Act (16 U.S.C. 1531 et seq.); (iii) The violation increased the regu latory burden on government agencies; or (iv) Remission may have an adverse effect on the integrity of any applica ble permitting system or may provide an incentive to third parties to avoid meeting CITES requirements. (4) The Solicitor has the discretion to condition a grant of remission of the seized property, in whole or in part, on terms and conditions that are reason able and just. The Solicitor further has the discretion to grant remission for the limited purpose of directed reex port to the exporter of record provided that the reexport benefits enforcement and administration of applicable wild life laws. Any terms and conditions of remission will be in writing and may include but are not limited to payment of those costs and expenses that the United States may, as a matter of ap plicable law, recover for the property. (i) Shipment of any released property will be at your sole cost, and the risk of loss from such shipment will be your risk. (ii) Property for which remission is granted will be released only after suc cessful completion of all terms and conditions of remission, proper identi fication of the recipient of the prop erty, and your execution of a property receipt provided by the Solicitor or the Service acknowledging receipt of the remitted property. (5) Any decision to grant remission is separate from and does not preclude or otherwise provide relief from civil en forcement against the person or per sons who committed the violations as sociated with the seizure and proposed forfeiture of the property. To expedite the resolution of any civil penalties VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00071 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 62 50 CFR Ch. I (10–1–23 Edition) § 12.35 that may be brought against you under the ESA (16 U.S.C. 1531 et seq.), the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), or the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.) in connection with viola tions involving any wildlife for which remission is to be granted, the Solic itor has the sole discretion to give you the opportunity to completely or par tially settle the civil penalty claim at the same time that remission is grant ed by executing a written agreement setting forth the terms and conditions of the civil penalty settlement. Such an agreement may be included in the written documentation of the terms and conditions of the parallel remis sion of forfeiture provided that: (i) The terms and conditions of the civil penalty settlement are clearly de lineated as relating separately and solely to any civil penalty claims; and (ii) The wildlife owner agrees in writ ing to waive any notice of violation and notice of assessment required by part 11 of this subchapter and the op portunity for a hearing as conditions of civil penalty settlement. § 12.35 How will the Solicitor notify me of the decision on my petition for remission? (a) The Solicitor will notify you in writing of any decision to grant or deny a petition for remission or to dis miss the petition for failure to provide the information required in this part or to timely file that petition. The notifi cation will advise you of the reasons for the decision made and the options, if any, available to you for addressing the decision. (b) In the event that the Solicitor de nies your petition for remission of for feiture, you may file a supplemental petition for reconsideration if you have information or evidence not previously considered that is material to the basis for the denial or new documentation clearly demonstrating that the denial was erroneous. A supplemental petition must be received within 60 days from the date of the Solicitor’s notification denying the original petition. You may file only one supplemental petition. The Solicitor’s decision on your peti tion for remission will be the decision for the Service. § 12.36 How do I file a claim to get back my seized property? (a) If you receive a notice of seizure and proposed forfeiture, you may file a claim to the property by the deadline stated in the notice of seizure and pro posed forfeiture. This deadline will be 35 days after the notice is mailed. (b) If you did not receive a notice of seizure and proposed forfeiture, your claim must be received by the appro priate office not later than 30 days from the last date of final publication of the notice of the seizure of the prop erty. (c) A claim does not have to be in any particular form, but your claim must: be in writing, identify the specific property being claimed, state your in terest in the specific property being claimed, and be made under oath sub ject to penalty of perjury. We will make a claim form available to you upon request. (d) Your claim, by itself, will not en title you or any other person to posses sion of the property. No bond is re quired to make a claim for judicial for feiture proceedings. Rather, your claim will result in the Service referring the case, through the Solicitor, to the De partment of Justice for civil judicial forfeiture. However, if you request pos session of the property pending an ad ministrative forfeiture decision under § 12.6, you will be required to post a bond under § 12.6 if your request is granted. This bond is only required to obtain interim possession of the prop erty. (e) Your claim must be made under oath by you as the claimant and not by an attorney or agent. (f) If you are an individual claimant, you must sign the claim. (1) If the claimant is a corporation or a form of limited liability business en tity organized under a State law, an authorized officer or supervisory em ployee of the entity must sign the claim. (2) If the claimant is a partnership or limited partnership, any general part ner may sign the claim. (3) If the claimant is a trust, estate, or fiduciary entity, such as a person to whom property is entrusted, the chief officer authorized by the trust, estate, VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00072 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 63 U.S. Fish and Wildlife Serv., Interior § 12.63 or fiduciary entity must sign the claim. § 12.37 Can I get my property back while the claim is pending? If you have filed a claim and you think that continued possession of the property by the United States during the forfeiture proceeding will cause you substantial hardship, you may re quest under 18 U.S.C. 983(f) that the Service return the property to you pending the resolution of the judicial forfeiture proceeding. In determining whether to grant or deny your request, the Service will consider the factors set out in 18 U.S.C. 983(f). You must furnish evidence substantiating the hardship, and that none of the condi tions set forth in 18 U.S.C. 983(f)(8) apply; for example, the property may not be contraband. § 12.38 What happens if my property is subject to civil judicial actions to obtain forfeiture? If a claim is filed in the forfeiture proceeding under § 12.36, the Solicitor will refer the case to the Department of Justice to include in a civil for feiture complaint or in a criminal in dictment. Subpart D—Abandonment Procedures § 12.51 May I simply abandon my inter est in the property? You may voluntarily abandon your interest in property to the United States by signing Service Form 3–2096, Fish and Wildlife Abandonment Form, or equivalent Federal, State, Tribal, or local form, or by signed letter to the Service or the Solicitor containing substantially the same information as Form 3–2096. § 12.52 Can I file a petition for remis sion for my abandoned property? You may file a petition for remission of abandoned property with the Service and seek the return of property you had voluntarily abandoned, within the time period described in § 12.33. If you have agreed to abandon property, your right to seek relief is limited to what ever process expressly was reserved in the abandonment document you signed. Subpart E—Disposal of Forfeited or Abandoned Property § 12.61 What is the purpose of this sub part? This subpart contains the provisions under which the Service will dispose of any property forfeited or abandoned to the United States. § 12.62 How does the Service keep track of forfeited or abandoned property? The Service must account in official records for all property forfeited or abandoned under this subpart. These records must include the following in formation: (a) A description of the property; (b) The date and place of the seizure of the property, and, if appropriate, the seizure tag number, and the date of for feiture or abandonment of the prop erty; (c) The investigative case file number associated with the property; (d) The name of any person known to have or to have had an interest in the property; (e) The date, place, and manner of the disposal of the property; (f) The name of the official respon sible for the disposal of the property; and (g) The value of the property. § 12.63 When may the Service return live fish, wildlife, or plants to the wild? (a) The Service may release any live member of a native species of fish, wildlife, or plant that is capable of sur viving in the wild into suitable habitat within the historical range of the spe cies in the United States, with the per mission of the landowner and the State, unless that release poses an im minent danger to public health or safe ty, or presents a known threat of dis ease transmission to other fish, wild life, or plants. (b) The Service may transplant any live member of a native species of plant that is capable of surviving into suitable habitat on Federal or other protected lands within the historical VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00073 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 64 50 CFR Ch. I (10–1–23 Edition) § 12.64 range of the species in the United States, with the permission of the ap propriate land-management agency. (c)(1) The Service may not return to the wild any live member of an exotic, nonnative species of fish, wildlife (in cluding injurious wildlife), or plant, within the United States. The Service may return such live member that is capable of surviving in the wild to one of the following countries for return to suitable habitat: (i) The country of export, if known, after consultation with that country; or (ii) A country that is within the his torical range of the species and that is a party to CITES (Treaties and Other International Acts Series, TIAS 8249) after consultation with that country. (2) Any return of fish, wildlife, or plants under paragraph (c)(1) of this section must comply with applicable laws, including CITES and the domes tic laws of that country. (3) We may require that the return of fish, wildlife, or plants under para graph (c)(1) of this section be at the ex pense of that country, the transporter, the violator, or others as provided by law. § 12.64 How does forfeiture or aban donment affect the status of the property? (a) After property has been forfeited or abandoned, the prior illegal status of the property, due to violations of any Act listed in § 12.2 that led to the forfeiture or abandonment of the prop erty, is terminated. However, any sub sequent holder or owner of the prop erty must comply with all prohibi tions, restrictions, conditions, or re quirements that apply to a particular species of fish, wildlife, or plant under any Act listed in § 12.2, or any other ap plicable Federal, State, Tribal, or for eign law or regulation. (b) When releasing property under the provisions of this subpart, the Service will prescribe the conditions under which the property may be pos sessed and used and will reserve the right to resume possession of the prop erty if it is possessed or used in viola tion of those conditions. § 12.65 How does the Service dispose of forfeited or abandoned property? (a) The Service will dispose of any fish, wildlife, or plant forfeited or abandoned by one of the following means, unless the item is the subject of a petition for remission of forfeiture under § 12.33 or disposed of by court order (items will be disposed of in order of priority listed below): (1) Return to the wild, as described in § 12.63(a); (2) Transfer for use by the Service; transfer to the National Eagle and Wildlife Property Repository; transfer to a Tribe, where the item is credibly identified as an object of cultural pat rimony; or transfer to another govern ment agency for official use; (3) Donation or loan; (4) Sale; or (5) Destruction. (b) The Service may use forfeited or abandoned fish, wildlife, or plants or transfer them to another government agency, including foreign government agencies, for official use including, but not limited to, one or more of the fol lowing purposes: (1) Training government officials to perform their official duties; (2) Identifying protected fish, wild life, or plants, including forensic iden tification or research; (3) Educating the public concerning the conservation of fish, wildlife, or plants; (4) Conducting law enforcement oper ations in performance of official duties; (5) Enhancing the propagation or sur vival of a species or other scientific purposes; (6) Presenting as evidence in a legal proceeding involving the fish, wildlife, or plants; or (7) Returning the live fish, wildlife, or plants to the wild under § 12.63. (c) The Service must document each transfer and the terms of each transfer. (d) A government agency, including a foreign government agency, receiving the fish, wildlife, or plants may be re quired to pay all of the costs of care, storage, and transportation in connec tion with the transfer of the fish, wild life, or plants, from the date of seizure, refused entry, or detention to the date of delivery. VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00074 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 65 U.S. Fish and Wildlife Serv., Interior § 12.67 (e) The Service must dispose of for feited or abandoned property, other than fish, wildlife, or plants, including vehicles, vessels, aircraft, cargo, guns, nets, traps, and other equipment, as al lowed under current Federal property management regulations. (f) When disposing of property, the Service must follow these guidelines: (1) The Service may dispose of any live fish, wildlife, or plant immediately upon order of forfeiture or abandon ment of the property, if the Service de termines that the property is likely to perish, deteriorate, decay, waste, or greatly decrease in value if maintained by the Service, or if the expense of maintaining that property is dispropor tionate to its value; or (2) The Service may dispose of all other property no sooner than 30 days after an order of forfeiture or abandon ment of the property. (g) If the property is the subject of a pending petition for remission of for feiture under § 12.35, the Service may not dispose of the property until the Solicitor or the Attorney General, pur suant to 28 CFR part 9, makes a final decision regarding whether relief will be granted. § 12.66 How does the Service dispose of seized injurious fish or wildlife? (a) The Service will order immediate reexport or destruction of any seized injurious fish or wildlife imported or transported in violation of our inju rious species regulations in part 16 of this subchapter. (b) The importer, exporter, or trans porter will be responsible for all costs associated with the reexport or de struction of any seized injurious fish or wildlife imported, exported, or trans ported in violation of our injurious spe cies regulations in part 16 of this sub chapter. (c) Any live or dead specimen, part, or product of any fish or wildlife spe cies listed as injurious under part 16 of this subchapter will be disposed of in a manner that minimizes, to the greatest extent practicable, the possibility that additional specimens will be imported or transported in violation of our inju rious species regulations in part 16 of this subchapter. § 12.67 When may the Service donate forfeited or abandoned property? (a) The Service may donate forfeited or abandoned fish, wildlife, or plants, for scientific, educational, or public display purposes, when consistent with applicable law. The donation may be made to any person, government agen cy (including foreign government agen cies) or public organization, as defined in § 10.12 of this subchapter. The donee must have the demonstrated ability to provide adequate care and security for the fish, wildlife, or plants. (b) A transfer document between the Service and the person, government agency (foreign or domestic), or public organization receiving the fish, wild life, or plants, must be completed be fore any donation of fish, wildlife, or plants takes place. Form SF–123, Transfer Order Surplus Personal Prop erty, should be used for transfers with agencies or persons outside of the De partment of the Interior, and Form DI– 104, Transfer of Property, should be used for transfers with agencies within the Department of the Interior. The do nation is subject to the following con ditions: (1) The transfer document must state the purpose for which the fish, wildlife, or plants will be used. (2) Any attempt by the recipient to use the donation for any purpose other than that specifically stated on the transfer document entitles the Service to immediately repossess the fish, wildlife, or plants or their offspring. (3) The recipient may be required to pay all of the costs associated with the transfer of the fish, wildlife, or plants, or their offspring, including the costs of care, storage, transportation, and re turn to the Service, if applicable. (4) The recipient may not sell the fish, wildlife, or plants, or their off spring. (5) The recipient may be required to show the Form SF–123, DI–104, or any other transfer document that was re ceived. (6) The recipient is subject to the prohibitions, restrictions, conditions, or requirements that may apply to a particular species of fish, wildlife, or plant imposed by Federal, State, Trib al, or foreign law or regulation. VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00075 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 66 50 CFR Ch. I (10–1–23 Edition) § 12.68 (7) Any attempt to retransfer a dona tion without the prior authorization of the Service entitles the Service to im mediately repossess the fish, wildlife, or plants, or their offspring. (8) At all reasonable times, upon prior notice, the recipient must provide authorized Service officers access to the location where the donation is kept for the purposes of inspecting the dona tion and all associated records per taining to the donation. (9) Any donation is subject to the conditions specified in the transfer document, including, without limita tion, any time periods, and any viola tion of these specific conditions enti tles the Service to immediately repos sess the fish, wildlife, or plants, or their offspring. (c) The Service will not donate live fish, wildlife, or plants for human con sumption. § 12.68 When may the Service loan for feited or abandoned property? (a) The Service may loan forfeited or abandoned property, fish, wildlife, or plants, for scientific, educational, or public display purposes, when con sistent with applicable law. The loan may be made to any person, govern ment agency (including foreign govern ment agencies) or public organization, as defined in § 10.12 of this subchapter. The recipient must have the dem onstrated ability to provide adequate care and security for the fish, wildlife, or plants. (b) A transfer document between the Service and the person, government agency (foreign or domestic), or public organization receiving the fish, wild life, or plants must be completed be fore any loan of fish, wildlife, or plant takes place. Form SF–123, Transfer Order Surplus Personal Property, should be used for transfers with agen cies or persons outside of the Depart ment of the Interior, and Form DI–104, Transfer of Property, should be used for transfers with agencies within the Department of the Interior. The loan is subject to the following conditions: (1) The transfer document must state the purpose for which the fish, wildlife, or plants will be used. (2) Any attempt by the recipient to use the loan for any purpose other than that specifically stated on the transfer document entitles the Service to im mediately repossess the fish, wildlife, or plants or their offspring. (3) The recipient may be required to pay all of the costs associated with the transfer of the fish, wildlife, or plants, or their offspring, including the costs of care, storage, transportation, and re turn to the Service, if applicable. (4) The recipient may not sell the fish, wildlife, or plants, or their off spring. (5) The recipient may be subject to a periodic accounting of the care and use of the loaned fish, wildlife, or plants, or their offspring. (6) The recipient is subject to the prohibitions, restrictions, conditions, or requirements that may apply to a particular species of fish, wildlife, or plant imposed by Federal, State, Trib al, or foreign law or regulation. (7) Any attempt to retransfer a loan without the prior authorization of the Service entitles the Service to imme diately repossess the fish, wildlife, or plants, or their offspring. (8) At all reasonable times, upon prior notice, the recipient must provide authorized Service officers access to the location where the loan is kept for the purposes of inspecting the loan and all associated records pertaining to the loan. (9) Any loan is subject to the condi tions specified in the transfer docu ment, including, without limitation, any time periods, and any violation of these specific conditions entitles the Service to immediately repossess the fish, wildlife, or plants, or their off spring. (10) Any loan is in effect for an in definite period of time unless the transfer document specifies a date for returning the loan to the Service. (11) Any loan remains the property of the United States, and the Service may demand the return of the loan at any time, and the recipient cannot prevent that return. § 12.69 When may the Service sell for feited or abandoned property? (a) The Service may sell, or offer for sale, forfeited or abandoned fish, wild life, or plants, except any species, VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00076 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 67 U.S. Fish and Wildlife Serv., Interior § 12.81 which at the time of sale or offer for sale, is: (1) Listed in part 10 of this sub chapter as a migratory bird protected by the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); (2) Protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.); (3) Listed in Appendix I, or in Appen dix II with an annotation (limiting commercial use of specimens of the species or where specimens of the spe cies are treated as if listed in Appendix I), under the Convention on Inter national Trade in Endangered Species of Wild Fauna and Flora (CITES) (See § 23.91 of this chapter); (4) Listed in part 17 of this chapter as ‘‘endangered’’ or ‘‘threatened’’ under the Endangered Species Act (16 U.S.C. 1531 et seq.); (5) Protected under the Marine Mam mal Protection Act of 1972 (16 U.S.C. 1361 et seq.); (6) Regulated as an injurious species under our injurious species regulations in part 16 of this chapter; (7) The African elephant (Loxodonta species); (8) Protected under the Wild Bird Conservation Act, (16 U.S.C. 4901 et seq.); or (9) Protected under the Rhinoceros and Tiger Conservation Act (16 U.S.C. 5301 et seq.); (10) Protected under the Big Cat Pub lic Safety Act (16 U.S.C. 3371(h), 3372(e), 117 Public Law 243, 136 Stat. 2336); or (11) Any fish, wildlife, or plant that is prohibited for export by the country of origin of the species. (b) If the Service chooses to dispose of fish, wildlife, or plants by sale, we must do so under current Federal prop erty management regulations or Cus toms laws and regulations, except that the Service may sell any fish, wildlife, or plants immediately to the highest bidder above the set minimum bid, if the Service determines that the fish, wildlife, or plants are likely to perish, deteriorate, decay, waste, or greatly decrease in value by keeping, or that the expense of keeping the fish, wild life, or plants is disproportionate to their value. (c) The Service may transport fish, wildlife, or plants that may not be pos sessed lawfully by purchasers under the laws of the State where the fish, wild life, or plants are held to a State where possession of the fish, wildlife, or plants is lawful and the fish, wildlife, or plants may be sold. (d) Fish, wildlife, or plants purchased at sale are subject to the prohibitions, restrictions, conditions, or require ments that apply to a particular spe cies of fish, wildlife or plant imposed by Federal, State, or Tribal or foreign law or regulation. § 12.70 When may the Service destroy forfeited or abandoned property? (a) The Service may destroy fish, wildlife, or plants under the provisions set forth in §§ 12.65 and 12.66. (b) The Service official who performs the destruction of fish, wildlife, or plants and a witness must certify the completion of the destruction, the method of the destruction, the date of the destruction, and the type and quan tity of fish, wildlife, or plants de stroyed. (c) The Service will comply with all applicable laws regarding the destruc tion of the fish, wildlife, or plants and regarding the disposal of any residue or wastes resulting from the method of the destruction of the fish, wildlife, or plants. Subpart F—Recovery of Storage Costs and Return of Property § 12.81 When can the Service assess fees for costs incurred by the trans fer, boarding, handling, or storage of property seized or forfeited? (a) If any fish, wildlife, plant, or item of evidence is seized or forfeited under the ESA (16 U.S.C. 1531 et seq.), you or any person whose act or omission was the basis for the seizure will be charged a reasonable fee for expenses to the United States connected with the transfer, boarding, handling, or storage of the seized or forfeited property. If any fish, wildlife, or plant is seized in connection with a violation of the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), you or any person convicted or assessed a civil penalty for this violation will be assessed a rea sonable fee for expenses of the United VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00077 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R 68 50 CFR Ch. I (10–1–23 Edition) § 12.82 States connected with the storage, care, and maintenance of the property. (1) Within a reasonable time after seizure or forfeiture, the Service may send by registered mail, certified mail, or private courier, return receipt re quested, a bill for this fee. The bill will contain an itemized statement of the applicable costs, together with instruc tions on the time and manner of pay ment. (2) You must make payment under terms of the bill. If you fail to pay, you may be subject to collection pro ceedings under the Federal Claim Col lection Act, 31 U.S.C. 3711 et seq., as well as the Federal Debt Collection Act, 31 U.S.C. 3701 et seq., and the pos sible refusal of clearance of future shipments, and disqualification from receiving or exercising the privileges of any Service permit. (b) If you object to the costs de scribed in the bill, you may, within 30 days of the date on which you received the bill, file written objections with the SAC for the U.S. Fish and Wildlife Service Office of Law Enforcement in the region in which the seizure oc curred. Upon receipt of the written ob jections, the SAC will promptly review them and, within 30 days, deliver in writing a final decision. In all cases, the SAC’s decision will constitute final administrative action on the matter. § 12.82 How will my property be re turned if my petition or claim is successful? If, at the conclusion of the appro priate proceedings, seized property is to be returned to the owner or con signee, the Solicitor or Service will issue a letter or other document au thorizing its return. This letter or other document will be delivered per sonally or sent by registered or cer tified mail, return receipt requested, and will identify the owner or con signee, the seized property, and, if ap propriate, the custodian of the seized property. It will also provide that, upon presentation of the letter or other document and proper identification, and the signing of a receipt provided by the Solicitor or the Service, the seized property is authorized to be released, provided it is properly marked in ac cordance with applicable State or Fed eral requirements. PART 13—GENERAL PERMIT PROCEDURES Subpart A—Introduction Sec. 13.1 General. 13.2 Purpose of regulations. 13.3 Scope of regulations. 13.4 Emergency variation from require ments. 13.5 Information collection requirements. Subpart B—Application for Permits 13.11 Application procedures. 13.12 General information requirements on applications for permits. Subpart C—Permit Administration 13.21 Issuance of permits. 13.22 Renewal of permits. 13.23 Amendment of permits. 13.24 Right of succession by certain persons. 13.25 Transfer of permits and scope of per mit authorization. 13.26 Discontinuance of permit activity. 13.27 Permit suspension. 13.28 Permit revocation. 13.29 Review procedures. Subpart D—Conditions 13.41 Humane conditions. 13.42 Permits are specific. 13.43 Alteration of permits. 13.44 Display of permit. 13.45 Filing of reports. 13.46 Maintenance of records. 13.47 Inspection requirement. 13.48 Compliance with conditions of permit. 13.49 Surrender of permit. 13.50 Acceptance of liability. AUTHORITY: 16 U.S.C. 668a, 704, 712, 742j–l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 4901– 4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 U.S.C. 9701. SOURCE: 39 FR 1161, Jan. 4, 1974, unless oth erwise noted. Subpart A—Introduction § 13.1 General. (a) A person must obtain a valid per mit before commencing an activity for which a permit is required by this sub chapter, except as provided in § 23.53 of this subchapter for retrospective per mits for certain CITES shipments under very specific situations. VerDate Sep<11>2014 10:57 Dec 27, 2023 Jkt 259236 PO 00000 Frm 00078 Fmt 8010 Sfmt 8010 Y:\SGML\259236.XXX 259236sk er se y on D S K 4W B 1R N 3P R O D w ith C F R